RAY STORAI V FRANCIS BIERKOVEN
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
RAY STORAI,
UNPUBLISHED
December 26, 2000
Plaintiff-Appellant,
v
Nos. 217404;222580
Oakland Circuit Court
LC No. 96-528768-CK
FRANCIS BIERKOVEN and LYNN C.
WOLENSKI,
Defendants,
and
METRO TITLE CORPORATION, MORTGAGE
SOURCES, INC., d/b/a EQUISOURCE HOME
CREDIT, INC., and MICHAEL E. CAULEY,
Defendants-Appellees.
Before: Griffin, P.J., and Holbrook, Jr., and Murphy, JJ.
PER CURIAM.
In these consolidated appeals, plaintiff challenges the circuit court’s judgment of no cause
of action in favor of defendants Metro Title Corporation, Mortgage Sources, Inc., and Michael
Cauley (hereinafter defendants),1 and the court’s postjudgment orders granting those same
defendants costs and attorney fees as sanctions pursuant to MCR 2.114. The circuit court granted
defendants a directed verdict following plaintiff’s proofs at a bench trial. Defendants moved for
sanctions pursuant to MCR 2.114(F), which the circuit court granted. Defendants MSI and
Cauley were awarded costs and attorney fees of $42,838.73, and defendant Metro Title costs and
fees of $14,563.66. We affirm.
The circuit court did not err by directing a verdict for defendants. Plaintiff’s own
testimony established that Bierkoven was acting as plaintiff’s agent during the complained-of
1
The remaining defendants, Francis Bierkoven and Lynn C. Wolenski, are not involved in this
appeal.
-1-
transactions and that Bierkoven’s actions fell within the scope of his actual or apparent authority.
See Meretta v Peach, 195 Mich App 695, 698-699; 491 NW2d 278 (1992). The evidence against
defendants merely showed that they acted in accordance with the directions provided by
plaintiff’s agent, Bierkoven. Accordingly, a new trial is not warranted.
Finally, the record shows that there was no factual or legal basis to support plaintiff’s
claims against defendants. Thus, the circuit court did not clearly err by finding plaintiff’s claims
to be frivolous under MCL 600.2591(3)(a); MSA 27A.2591(3)(a), and awarding sanctions
pursuant to that statute and MCR 2.114(F). Meagher v Wayne State Univ, 222 Mich App 700,
727; 565 NW2d 401 (1997).
Affirmed.
/s/ Richard Allen Griffin
/s/ Donald E. Holbrook, Jr.
/s/ William B. Murphy
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.